Contenu de la décision
WffTERHEN Lake First Nation Box 9, W aterhen Lake, SK SOM 3B0 Telephones: 236-6717,236-4632,236-6764, 236-6929 Fax: 236-4866 SOLVENT AND GASOLINE ABUSE BY-LAW Waterhen Lake First Nation Band By-Law Number 2, 1996/97 BEING A BY-LAW RESPECTING THE PROHIBITION AGAINST THE INHALATION OF SOLVENT AND GASOLINE VAPOURS WHEREAS the Council of the Waterhen Lake Band deems it expedient to enact a by-law for the purpose of safeguarding its community on the reserve from the serious problems resulting from the unhealthy and destructive practice of inhaling solvents and gasoline for the sole purpose of producing euphoria, hallucinations and intoxication; AND WHEREAS paragraph 81(1), (a), (c), (d), (q) and (r ) of the Indian Act R.S.C. 1985, c.1-5, empower the Council of WATERHEN LAKE to make by-laws to provide for the health of residents, the observance of the law and order, the prevention of disorderly conduct and nuisances, with respect to any matter arising out of or ancillary to the exercise of powers under Section 81, and the imposition on summary conviction of a fine or imprisonment for violation thereof; NOW THEREFORE the Council of the Waterhen Lake First Nation Band enacts as a By-Law thereof as follows: Short Title 1. This By-Law may be cited as the "Waterhen Lake Band Solvent and Gasoline Abuse By-Law". Interpretation 2. In this By-Law: "intoxicating matter" includes plastic solvents, adhesive cement, cleaning agents, glue, dope, nail polish remover, lighter fluid, gasoline, paint or lacquer thinner; "intoxicating vapour" means any vapour, fume or liquid that is emitted, given off or produced from an intoxicating matter; "possession" means possession as defined in subsection 4(3) of the Criminal Code R.S, c.C-34.
Prohibitions Against Inhalation 3. Every one who, for the purpose of inducing euphoria, hallucinations or intoxication: (a) inhales, administers or otherwise introduces into his respiratory system, or (b) assists or causes another person to inhale, administer or otherwise introduce into his respiratory system an intoxicating vapour is guilty of an offence and liable on summary conviction to a fine not exceeding $1000.00 or to imprisonment for a term not exceeding 30 days or to both. Against Possession and Possession for Sale 4. (1) No person shall have in his possession any intoxicating matter for the purpose of inhaling, administering or otherwise introducing into his respiratory system the intoxicating vapours emitted, given off or produced from the intoxicating matter. (2) No person shall have in his possession any intoxicating matter for the purpose of selling, giving, administering, transporting, sending, delivering or distributing the intoxicating matter to a person: (i) who he knows or has good reason to believe is of unsound mind, is impaired by alcohol, drugs or by reason of having inhaled intoxicating vapours, or (ii) who he knows or has good reason to believe will use the intoxicating matter for the purpose of inducing euphoria, hallucinations or intoxication. (3) Every one who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $1000.00 or to imprisonment for a term not exceeding 30 days or to both.
Against Sale 5. Every one who sells, gives, administers, transports, sends, delivers or distributes any intoxicating matter (a) to a person who he knows or has good reason to believe is of unsound mind, is impaired by alcohol, drugs or by reason of having inhaled intoxicating vapours, or (b) who he knows or has good reason to believe will use the intoxicating matter for the purpose of inducing euphoria, hallucinations or intoxication is guilty of an offence and liable on summary conviction to a fine not exceeding $1000.00 or to imprisonment for a term not exceeding 30 days or to both. Exceptions 6. Sections 3, 4 and 5 do not apply to any person who (a) manufactures or sells an intoxicating matter for medical purposes, (b) inhales, administers or otherwise introduces an intoxicating vapour into his respiratory system under the supervision of a physician or dentist, or (c) is a physician or dentist or a person acting under the direction of a physician or dentist who assists or causes another to inhale, administer or otherwise introduce into his respiratory system an intoxicating vapour.
THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Waterhen Lake Band this 22nd day of April 1996. Voting in favour of the By-Law are the following members of the Council: ihief—Richard Fiddler. (Member of the Council) Janet Fi t dd e ler (Membe: | of the Council) Mary Do (Member-'o _ f _ __ Dean-> Martell emlDer^ of the Council) Arpahd Fiddler (Member of (Member of the Council) Fred Fiddler 4 Member df the Council) Being of the majority of those members of the Council of the Waterhen Lake Band present at the aforesaid meeting of the Council. The quorum of the Council is five (5) members. Number of members of the Council present at the meeting: (8).M ml t _ h _ e _ _ C __ o _ u _ n _ c _ i _ l _ ) _ , (
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